Legal Opinion
Silverberg v. Schweig
New York Court of Appeals
Decided June 4, 1942PublishedCited by 8 opinions
1Per curiam
The infant plaintiff sustained personal injuries allegedly due to a defective drop ladder which formed a part of a fire escape attached to a multiple dwelling owned by the defendant Schweig and managed by the defendant Herman.
Upon the present record we think there was no evidence that the defendants, or either of them, had such exclusive possession, control and oversight of the agency which is alleged to have caused the infant plaintiff’s injury, as to make applicable the rule of res ipsa loquitur. (Foltis, Inc., v. City of New York, 287 N. Y. 108, 114-117; Bressler v. New York Rapid Transit…
2Cases cited5 opinions
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- Galbraith v. BuschNew York Court of Appeals · 1935
- Slater v. BarnesNew York Court of Appeals · 1925
- Bowers v. City Bank Farmers Trust Co.New York Court of Appeals · 1940
- Bressler v. New York Rapid Transit Corp.New York Court of Appeals · 1936
3Cited by8 opinions
- Mercatante v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1955
- George Avlon v. Greencha Holding Corp.Court of Appeals for the Second Circuit · 1956
- Barca v. Daitch Crystal Dairies, Inc.Appellate Terms of the Supreme Court of New York · 1965
- Corcoran v. Banner Super Market, Inc.Appellate Division of the Supreme Court of the State of New York · 1963
- Murphy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1963
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